✓ Law Verified June 2026
This guide explains new hampshire security deposit law in plain English — how much your landlord can charge, when they must return it, what they can and cannot deduct, and what to do if they do not give it back. All figures are from New Hampshire law, verified as of June 2026.
In This New Hampshire Guide:
New Hampshire Security Deposit Rules at a Glance
| Maximum deposit | 1 month’s rent or 100 dollars, whichever is greater (per RSA 540-A:6). All deposits (security, pet, cleaning) count toward this single cap. Exception: single-family home rentals are exempt from deposit limits entirely and a landlord may charge any amount. |
| Return deadline | 30 days after the tenancy ends or 30 days after the landlord receives the tenant’s forwarding address, whichever is later (RSA 540-A:7) |
| Itemized deductions required | YES. The landlord must provide a written, itemized list specifying the nature of each repair, estimated or actual costs, and satisfactory evidence such as receipts, invoices, or labor estimates. This itemized statement must accompany any withheld portion of the deposit within the 30-day return window (RSA 540-A:7). |
| Interest on deposit required | YES. If the landlord holds the deposit for 1 year or longer, interest must be paid at the rate paid on regular savings accounts by New Hampshire banks. The tenant may request accrued interest every 3 years by giving written notice at least 30 days before the 3-year anniversary. The landlord then has 15 days after the end of that tenancy year to pay the interest. Any remaining interest must also be returned with the deposit at the end of tenancy (RSA 540-A:6). |
| Penalty for late/bad-faith return | If a landlord fails to return the deposit or provide an itemized statement within 30 days, or otherwise violates RSA 540-A:6 or 540-A:7, the violation is deemed a breach of the New Hampshire Consumer Protection Act (RSA 358-A) under RSA 540-A:8. The court may award the tenant up to double the amount of the deposit plus accrued interest. In cases of willful or knowing violations, the court may award up to triple damages, plus reasonable attorney fees and court costs. |
Move-in/move-out walkthrough: NO. New Hampshire law does not require a move-in or move-out walkthrough inspection. However, 603 Legal Aid strongly recommends tenants do a thorough inspection at move-in with a witness and send a written list of pre-existing conditions to the landlord within 5 days. While not mandatory, a joint walkthrough at move-out helps document the property’s condition and may reduce disputes over deductions.
Separate deposit account: YES. Under RSA 540-A:6, the deposit remains the tenant’s money and must be held in trust. The landlord must deposit it in any bank, savings and loan association, or credit union organized under New Hampshire law. Multiple tenants’ deposits may be commingled in a single trust account, but must not be mingled with the landlord’s personal funds.
Within 30 days of receiving the deposit (and upon later request), the landlord must disclose the name and address of the financial institution and the account number.
As an alternative, the landlord may post a surety bond written by a New Hampshire company with the clerk of the city or town where the property is located, in an amount equal to the total deposits held in that municipality (RSA 540-A:6, III).
What Your Landlord Can and Cannot Deduct in New Hampshire
Unpaid rent; the tenant’s share of real estate taxes if required by the lease; costs to repair damage caused by the tenant beyond reasonable wear and tear; and other lawful charges remaining unpaid under the lease. The landlord must provide documentation (receipts, invoices, estimates) for all deductions (RSA 540-A:7).
Normal wear and tear vs damage: New Hampshire statute uses the term “reasonable wear and tear” without a rigid definition. New Hampshire courts and the NH Law Library distinguish damage from normal wear and tear based on all the facts. Generally, worn carpeting, faded paint after several years, minor scuffs, and small nail holes are considered normal wear and tear.
Crayon marks on walls, large holes in walls, broken appliances due to misuse, and excessive nail holes requiring patching or repainting are considered tenant damage.
How to Get Your Deposit Back in New Hampshire
A New Hampshire tenant who believes deductions are wrongful should first send the landlord a written demand letter requesting return of the deposit. If the landlord does not comply, the tenant may file a claim in the District Division of Circuit Court (small claims) for amounts up to 10000. Filing fees range from 90 to 145 depending on the claim amount.
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Electronic filing through TurboCourt is required for self-represented parties. Many tenants can recover up to double the deposit amount plus interest, attorney fees, and court costs if the court finds the landlord violated RSA 540-A. Tenants may also file a complaint with the New Hampshire Attorney General’s Consumer Protection Bureau, since deposit violations are deemed Consumer Protection Act violations.
Other New Hampshire deposit rules: The deposit remains the legal property of the tenant at all times until lawful deductions are applied (RSA 540-A:6, II). Single-family home rentals are fully exempt from the deposit cap — a landlord renting a detached single-family home may charge any amount as a security deposit.
If the landlord files for bankruptcy or the property enters foreclosure, the tenant’s deposit is still protected because it is held in trust and is not an asset of the landlord.
If the tenant does not provide a forwarding address after move-out and the landlord makes reasonable efforts to locate the tenant, the 30-day return deadline may be excused. The landlord must disclose the bank name, address, and account number to the tenant within 30 days of receiving the deposit and again upon request.
Your landlord’s insurance won’t cover your stuff
Renters insurance protects your belongings for a few dollars a month.
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Official New Hampshire Sources & Resources
- New Hampshire Attorney General: https://www.doj.nh.gov/consumer/complaints
- New Hampshire Security Deposit Statute: https://gc.nh.gov/rsa/html/lv/540-a/540-a-mrg.htm
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding New Hampshire Security Deposit Law
Your New Hampshire security deposit is your money until the landlord proves a lawful deduction. New Hampshire security deposit law sets clear limits on how much can be charged, what can be deducted, and when the balance must be returned. If your landlord misses the New Hampshire security deposit return deadline or takes deductions that are not allowed, you may be entitled to penalties.
Document the condition of your unit at move-in and move-out — photos are the best protection for your New Hampshire security deposit.
This New Hampshire security deposit guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.
More New Hampshire Tenant Rights Guides
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- New Hampshire Eviction Process
- New Hampshire Rent Increase Laws
- New Hampshire Repairs & Habitability
- Breaking a Lease in New Hampshire
- Eviction Timeline Calculator
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.